Council of the Law Society of New South Wales v Bouzanis [2018] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Bouzanis [2018] NSWCATOD 109 Hearing dates: 18 June 2018 Date of orders: 10 July 2018 Decision date: 10 July 2018 Jurisdiction: Occupational Division Before: J L O'Meally, Principal Member C A Ludlow, Professional Member B G Thomson, Community Member Decision: (1) The respondent is guilty of professional misconduct.

(2) The respondent is reprimanded.

(3) The respondent is to pay a fine of $5,000.

(4) Until further order of the Tribunal the respondent be permitted to apply for registration only as an employed solicitor and not be permitted to have access to trust money.

(5) That the respondent pay the applicant's costs as agreed or assessed. Catchwords: Solicitor – Professional misconduct – Breaches of ss 254 and 255 Legal Profession Act 2004 admitted – Payment of client's cheque for counsel and expert witness into office account – Proceeds drawn upon for other purposes – Whether misappropriation of funds established Legislation Cited: Legal Profession Act 2004 (repealed) Legal Profession Uniform Law Application Act 2014 Cases Cited: Council of the Law Society of New South Wales v Bouzanis [2017] NSWCA 330 Peters v R [1992] 192 CLR 493 Brereton v Legal Services Commissioner [2010] VSC 378 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Texts Cited: Nil Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Peter Bouzanis (Respondent) Representation: Counsel: G Johnson (Applicant) M Johnston SC (Respondent)